OFFICE OF T;(E AITORNEY GENERAL OF TEXAS.‘--“‘- -*‘+‘- “--{ 

._ 

AUSTIN 

Honorable R. c. Wilson 

County auaitor 

Gray County 

minpa, %ms 

Dear Sir2 

Your letter of 

noblle or any other r,otor vckiclo upon sny ?ublio 

road or hip$wuy in this btcte, or upon uny street 

or alloy within the limits of an incorporated 

city, tom or villazo, while nuah garson is fnZoxicatod or under the influmoo of intoxicating, 

liquor, shall bs Guilty of 0. nisdoacmor, ciod 

upon convlotlon, chall bo punished by oonflnomont 

10 the County Jail for not lsoo than ton (10) days 

? 
Honorable R. C. i?ilson, Pago 2 

i 

nor more than two (2) years, or bp’a fine of 

not loso thanITifty Dollars ($50) nor more 

than ylve Huundrad Dollars (c500); or by both 

such fine and~ixprisonment.W * 

hrticlo 049, Vernon's Annotated Code of Criminal 

prooodure , r6aas as r0il0w3: 

Tloney colloctod by an offlcor upon reco&zances, ball bonds and othar oblicatlons 

recovered upon in the name of the State undar 

any provision Of this Code, and all fines, 

rorfoitures, judCiaont3 and jury fees, colleoted under any provisioi: of this CoCo, shall 

rorthv;ith be paid over by the officers collotting the same to the county treasurer or 

the prhpor County, after first deducting thorefrom the la&al reos and oo:~issions for collectin& the same." 

-. 

Article 6700, 7ernonqs hn:iotnted Civil Statutes, 

reads as follows: 

~Finas colloctod for violation3 0r any 

hiSWay law as set forth In Chapter11 of Title 

13 0r the Ponal c0a0, shall be used by the 

municipality or the counties in which the sane 

&ro assessed and to v:hich tha sams are payable, 

in the construction and maintenance of roads, 

bridCes and culverts thoreis, and for tho onrorccnont or the traffic 14~3s regulating the 

use of the public hiShr;ays by motor vehicles 

and motoroyclos, and to help defray the expense 

or countytrorric orricers.** 

Article 1626, Vernon's Annotated Civil Statutes, 

provides: 

WClaln3 a::ainst the county shall be r&stored in three olansos, as fol1ov.s: 

"1. nil jury scrip and scrlp.issued for 

foeding jurors. 

“2. All sorip issued under the provisions 

of the road law or ror work done on roads and 

br/dSoo. 
Eonorable B. C. ii'ileon, page 3 

"3. All the General Indebtedness of the 

county, including roeding and guardin prisoners, and pcupers' ~laim3.~ - 

Article 1628, Fornon's .4nnotatea Civil Statutee, 

provides in part: 

"Tix~ fundc received by the county troaw- 

;rrcr shall bo cla3sod us rollox, and shell 

be oppro>riated, respoctivaly, to the payment 

of all claims rerglstered in the first, second 

and third classes:. 

" . . I 

"2. All money received under any of 

the provisions of the road and bridge 1~1x7, includi;lc the ~enaltles recovered from railroads 

rOr fcilin~ t0 repah OrO3sixS, and all riEoW 

ana forreitxzes. 

, 

Section 2 of Articla l&B @x03 all aoney icontiorad therein in olass tvlo of Article lC2C. Thoreforo, 

you are respoctrully advised thnt it is the opinion of this 

department that I3oney obtained for fines in cases under Article 802, Vernon's Annotated zenal Coda, should be paid to 

the county traonurcr and placed in the road and bridge fund. 

Our opinion No. O-3032 supports the conoluelon 

reached in this opinion, and v<e enclose E copy of the same 

for your information. 

It is stated in our opinion Co. O-681, amon& other 

thirqg: 

n . . . tha fine whould be deposited in the 

General Fund of the county to be expanded for 

the purposes ~s:anumerated in Article 6700, 

T. C. S." 

The ebove quoted provision of opinion X0. 0-6S1, 

SW=, should read as follo*:~is: 

'"The fine ohould be deposited in the road 

nnd bridge fund of the county to be exper~ed 

for the purposon as enumerated in Article 6700, 

T. c. E." 
'=hoza?orc, opl~lon 30. c-501 is aiuonCod to thla 

axtont . ‘.;‘a OnClOGe a Copy Of SEiCi OsiniOn.